Coach 2013 Annual Report Download - page 234

(n) Each Unit shall be subject to an easement in favor of each other Unit for the installation, maintenance, repair and replacement of gas,
electricity, heating, air conditioning, ventilating and water lines and meters and fixtures and equipment serving such other Units, provided that no such
easement shall materially reduce the square foot area of the Unit subject to the easement or unreasonably interfere with the use of the Unit subject to the
easement and further provided that the owner of the Unit subject to the easement shall have the right to designate the location of the aforesaid lines, meters,
fixtures and equipment to the extent reasonably practicable. The Unit Owner of the Unit(s) having the benefit of the easement shall give the Unit Owner of the
Unit subject to such easement reasonable notice, except in an Emergency, prior to commencing any installation, maintenance, repair or replacement, shall
deliver plans and specifications to the subject Unit Owner at least thirty (30) days prior to commencing any such installation for such other Unit Owner’s
reasonable approval, shall construct such installation in accordance with such plans and specifications and shall perform any such installation, maintenance,
repair or replacement in accordance with all applicable Laws and Insurance Requirements, shall diligently and with continuity prosecute any such installation,
maintenance, repair or replacement to completion, shall restore such other Unit to substantially its condition prior to the commencement of such installation,
maintenance, repair or replacement and shall otherwise perform all work in connection therewith in such manner as to minimize interference with the
occupants of the other Unit.
(o) The Unit Owners of each Unit shall each at their sole cost and expense, have the non-exclusive right (and such easements as shall be
required) to erect, use, maintain, repair, replace, relocate and operate mechanical equipment (including cooling towers), emergency generators (such mechanical
equipment and emergency generators being referred to herein as “ Rooftop Mechanical Equipment”), satellite platforms, satellite dishes and other equipment on
the Main Roof at the respective locations on the Main Roof so designated for the use of each Unit on the Floor Plans (respectively, the “ Designated Rooftop
Equipment Areas”), subject to the reasonable requirements of the Board of Managers. Such Rooftop. Mechanical Equipment, satellite platforms, satellite
dishes and other equipment shall be used solely in connection with the use or occupancy of space by the applicable Unit Owners or its tenants in buildings
(including, without limitation, the Building) constructed in the Eastern Rail Yard. The Unit Owner of each such Unit shall give reasonable prior written notice
to the Board of Managers of its intent to exercise such right (which shall include a description of the proposed installation and equipment), and shall not make
any such installation and/or relocations unless and until the Board of Managers has approved in writing the installation and/or relocations and the equipment
and designated the specific location within the applicable Designated Rooftop Equipment Area, such approval not to be unreasonably withheld. The word
“equipment” as used in Section 12(j) and in this Section 12(o) shall be deemed to include fiber optic cable and other communications lines, wires, risers,
cables and conduits, as well as any other ancillary equipment, based on current and future technologies, needed for the proper operation of such mechanical
equipment, emergency generators, satellite platforms, satellite dishes or other equipment. Each easement and other right granted under this Section 12(o) must
be exercised, and all such installations and equipment must be used in such a way, so as to minimize, to the extent reasonably practicable, interference with
the exercise of the other easements and other rights granted under this Section 12(o) and the rights of other Unit Owners and the Board of Managers under this
Declaration and the By-Laws. No equipment installed pursuant to this Section 12(o) by any Unit Owner shall be visible from the windows of any other Unit.
The easements and other rights referred to in this Section 12(o) shall include access to and use of reasonable space in the General Common Elements, as
designated by the Board of Managers, to run and maintain, at such Unit Owner’s sole cost and expense, conduits from the applicable Unit to the applicable
Rooftop Mechanical Equipment. Such right of access and use by such Unit Owner shall be exercised in such a manner as will not unreasonably interfere with
the use and occupancy of any other Unit. Such access shall be permitted on not less than two (2) days’ notice to the Board of Managers, except that no notice
will be necessary in the case of an Emergency.
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